ABSTRACT

Over the past 30 years, the use of family dispute resolution (FDR) to resolve post-separation family disputes in Australia has grown significantly. FDR is now effectively a required first step in post-separation parenting disputes that enter the family law system, and it is also increasingly being used in property matters. FDR has many benefits for the parties in dispute ζ it is a flexible, cost-effective, time-efficient, more humane, less adversarial way to manage and resolve post-separation disputes. FDR also supports party self-determination, empowering each of the parties to have a voice in determining the best arrangements for the family into the future. However, there are also many challenges in FDR practice – particularly in relation to the management of power imbalances arising as a result of domestic and family violence. This chapter explores the benefits and challenges of teaching FDR and calls for the introduction of a core compulsory family law subject at law school, which includes the principles of FDR theory and practice to ensure the job-readiness of law graduates in contemporary times.